By: Ogden S.B. No. 1693

A BILL TO BE ENTITLED

AN ACT

relating to the regulation of poultry facilities and poultry litter.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter C, Chapter 382, Health and Safety Code, is amended by adding Sections 382.068 and 382.069 to read as follows:

Sec. 382.068. POULTRY FACILITY ODOR; RESPONSE TO COMPLAINTS. (a) In this section, "poultry facility" and "poultry litter" have the meanings assigned by Section 26.301, Water Code.

(b) The commission shall notify the commissioner of agriculture not later than the fifth day after the date the commission receives a complaint concerning odor associated with a poultry facility if the commission has also received a separate complaint concerning odors associated with another poultry facility and:

(1) both poultry facilities are located not further than 100 miles from the same poultry processing facility; and

(2) the complaints were received not more than 30 days apart.

(c) On receipt of notification under Subsection (b), the commissioner of agriculture shall:

(1) contact the poultry facilities that are the subjects of the complaints and the associated poultry processing facility; and

(2) coordinate with relevant agencies, poultry facilities, and poultry operations as necessary to:

(A) identify the cause of the odor; and

(B) develop and implement an odor abatement plan to eliminate the odor.

(d) The poultry facilities that are the subjects of the complaints or the associated poultry processing facility shall pay any costs, including costs to an agency of this state, that are associated with the development of an odor abatement plan under Subsection (c).

(e) Not later than three hours after receiving a complaint concerning odor associated with a poultry facility or the application of poultry litter, the commission shall respond to and investigate the complaint if:

(1) the poultry facility or application of poultry litter is located not more than 100 miles from a poultry processing facility that commenced or expanded its operations less than 12 months preceding the date of the complaint; or

(2) the commission has received, during any 60-day period, three or more complaints concerning odor associated with a poultry facility or the application of poultry litter from at least three different businesses or households located not further than two miles from each other.

(f) If after the investigation the commission determines that a poultry facility is violating the terms of its air quality authorization or creating a nuisance, the commission shall issue a notice of violation and enter into a comprehensive compliance agreement with the facility.

Sec. 382.069. POULTRY FACILITY AIR CONTAMINANT PREVENTION MEASURES. (a) In this section, "poultry facility" has the meaning assigned by Section 26.301, Water Code.

(b) The commission by rule shall:

(1) require a poultry facility to submit to the commission for approval a nuisance control plan detailing the facility 's plans to control odors, dust, and other air contaminants; and

(2) establish requirements for the submission and approval of poultry facility nuisance control plans.

(c) A nuisance control plan required under commission rules adopted under Subsection (b) must be submitted to the commission:

(1) before a new poultry facility begins operations; or

(2) for a poultry facility operating as of the effective date of the commission 's rules, not later than the 90th day after that effective date.

(d) The commission may require changes to a plan submitted under Subsection (c) if the executive director determines that the plan is insufficient to control odors, dust, and other air contaminants.

(e) A poultry processing facility that contracts with a poultry facility, not later than the 60th day after the date the contract is executed, shall provide the poultry facility with training on the prevention of odor nuisances.

(f) A poultry processing facility shall maintain records of the training required under Subsection (e) and make the records available to the commission for inspection.

SECTION 2. Subchapter H, Chapter 26, Water Code, is amended by adding Sections 26.304 and 26.305 to read as follows:

Sec. 26.304. RECORDS OF SALE, PURCHASE, TRANSFER, OR APPLICATION OF POULTRY LITTER. (a) A poultry facility that sells or transfers poultry litter for remote application must maintain, until the second anniversary of the date of sale or transfer, a record regarding:

(1) the identity of the purchaser or applicator;

(2) the physical destination of the poultry litter;

(3) the date the poultry litter was removed from the poultry facility; and

(4) the amount of poultry litter removed.

(b) A person that purchases or obtains poultry litter for application must maintain, until the second anniversary of the date of application, a record regarding:

(1) the location of the application of the poultry litter;

(2) the date the poultry litter was applied; and

(3) the amount of poultry litter applied.

Sec. 26.305. INSPECTION OF RECORDS. The commission may inspect any record required to be maintained under this subchapter.

SECTION 3. This Act takes effect September 1, 2009.